Written Answers Nos. 142-152
142. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of the long-term residency, the eligibility for naturalisation and the renewal of a stamp 4 in the interim for a person (details supplied) in County Carlow; and if she will make a statement on the matter. [43414/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for a certificate of naturalisation from the person referred to by the Deputy is currently being processed and the case will be submitted to me for decision as expeditiously as possible. All non-EEA nationals are required to keep their permission to remain in the State up to date at all times and failure to do so may adversely affect an application for a certificate of naturalisation. If they have not already done so, the person concerned should apply for renewal of their permission to remain.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
143. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of the process in determining an application for long-term residency and naturalisation for a person (details supplied) in County Kildare; if all documentation requested has been received; and if she will make a statement on the matter. [43415/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person in question made an application for a Without Condition As To Time (WCATT) endorsement on the 24/09/2015. The WCATT endorsement is a long-term residency permission which allows the holder to remain in the State up to the expiry date of the passport which contains the endorsement. Where an applicant is currently residing in the State on one of the long-term residency permission schemes operated by my Department, an applicant may not apply for a WCATT endorsement until at least 6 months before their current permission to remain is due to expire.
Departmental records indicate that the applicant in question currently has permission to remain in the State until the 28/03/2018 and was informed in writing by the INIS on 11/11/2015 that they were, therefore, not eligible to apply for the endorsement at this time.
Queries in relation to the Status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of Parliamentary Question process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
144. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if an up-to-date passport from a person's homeland will enable that person (details supplied) in County Galway to re-enter this jurisdiction after visiting a family member in poor health on compassionate grounds, given that the person's spouse will stay here, or if a travel document from this jurisdiction is necessary; and if she will make a statement on the matter. [43416/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that my reply to a similar question raised by the Deputy on 19 November 2015 regarding the general issue of Travel Documents remains the position.
It is only in exceptional cases that an application for a Travel Document could be considered and in all such cases, INIS would have to be satisfied that there is no alternative open to the applicant. In this case the person concerned has an up-to-date national passport so a Travel Document application would not be considered in this case.
Entry to the State is solely at the discretion of the Immigration Officer at the Port of entry to the State.
Queries in relation to the Status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of Parliamentary Question process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
145. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if the relevant submission has been made to his Department in connection with the prevention of refoulement in the case of a person (details supplied) in Dublin 22; and if she will make a statement on the matter. [43417/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned has submitted written representations.
The position in the State of the person concerned will now be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be fully considered in advance of a final decision being made.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
146. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed by a person (details supplied) in County Carlow in regularising that person's residency status; and if she will make a statement on the matter. [43418/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that correspondence will issue to the person in question in the coming days.
Queries in relation to the Status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of Parliamentary Question process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
147. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if the residency status and eligibility for naturalisation of a person (details supplied) in Dublin 24 will be reviewed; and if she will make a statement on the matter. [43419/15]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order made following a comprehensive and thorough examination of their asylum claim and a detailed examination of the representations they submitted for consideration under Section 3 of the Immigration Act 1999 (as amended).
Representations were received from the person's legal representative pursuant to Section 17 (7) of the Refugee Act 1996 (as amended). This application is under consideration at present. Representations were also received from the person's legal representative pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. The Deputy may wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Order. This application is also under consideration at present. In the meantime, the Deportation Order remains in place.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up-to-date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
148. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected status of applications for naturalisation by persons (details supplied) in County Kildare; and if she will make a statement on the matter. [43423/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for a certificate of naturalisation was received from the daughter of the person referred to by the Deputy. Correspondence issued on three occasions requesting certain information. As this information was not received the application was deemed ineligible and the applicant was informed of this in a letter which issued on 29 July 2014.
An application for a certificate of naturalisation has been received on behalf of the second child of the person referred to by the Deputy. A letter issued to the parent requesting certain information. Upon receipt of the requested information the case will be finalised and submitted to me for decision.
Where sections 6A and 6B of the Irish Nationality and Citizenship Act 1956, as amended, are applicable, a child born in the island of Ireland on or after 1 January 2005 has an entitlement to Irish citizenship if, at the time of the birth of the child, one of his or her parents had, during the period of 4 years immediately preceding the person's birth, been resident in the island of Ireland for a period of not less than 3 years or periods the aggregate of which is not less than 3 years. Periods of unlawful residence, periods of residence which were for the sole purpose of having an application for refugee status determined or periods of residence where permission was granted for the purposes of study are excluded from the determination of periods of reckonable residence. Entitlement of a child to Irish citizenship is determined by the Passport Office following receipt of an application for a passport on the child's behalf.
Where a child born in the State did not at birth have an entitlement to Irish citizenship, the parent or guardian or person who is in loco parentis to the child may lodge an application for naturalisation on behalf of the child if and when the conditions for naturalisation are satisfied, including a requirement to have 5 years residence in the State. Alternatively, a parent who is a naturalised Irish citizen may lodge an application on behalf of the child under section 16 of the Act. It is important that individuals who require permission to remain in the State keep this permission up-to-date at all times. Failure to do so may adversely affect an application for a certificate of naturalisation.
Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
149. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 116 of 24 September 2015, if all outstanding documentation relevant to the case of a person (details supplied) in County Kildare has been submitted to her Department; and if she will make a statement on the matter. [43425/15]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order made on 18 April 2013 and therefore has no entitlement to residency in the State. Judicial Review proceedings were issued on 14 May 2013 challenging the Deportation Order and accordingly, as that matter is sub judice I do not propose to comment further. I note that the dates for the aforementioned Deportation Order and Judicial Review proceedings were stated in error as being 14 May 2015 and 18 April 2015 in replying to Parliamentary Question Number 116 of 24 September 2015.
Separately the person concerned has made an application for a right of residency in the State based on their parentage of an Irish citizen child. They have been instructed to submit their current valid national passport to the Residence Division. Upon receipt of this document the application will be considered.
I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information through the more expensive Parliamentary Questions process.
150. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status of a person (details supplied) in County Kildare in respect of whom a deportation order is proposed; if she has considered the clear threat to this person's life and well-being in the event of being returned; and if she will make a statement on the matter. [43426/15]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order made on 4th May 2011 and therefore has no entitlement to residency in the State. She has also been refused Subsidiary Protection in a decision issued on 18th April 2011. Judicial Review proceedings were issued on 11th June 2011 challenging the refusal which are currently on appeal before the Supreme Court and accordingly, as that matter is sub judice I do not propose to comment further. I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information through the more expensive Parliamentary Questions process.
151. Deputy Denis Naughten asked the Minister for Justice and Equality the steps the Irish Prison Service is taking to address the frequency of assaults on inmates and prison officers in Castlerea Prison in County Roscommon; and if she will make a statement on the matter. [43450/15]
View answerNo level of inter prisoner violence or assaults is acceptable and effort is made by prison staff and management to limit the scope of acts of violence. However, no regime can completely eliminate the possibility of violent incidents happening in a prison setting where a large number of dangerous and violent offenders are being held.
The Irish Prison Service has successfully introduced a number of measures across the prison estate such as, hand-held metal detectors, netting over prison yards, body scanning chairs and security screening machines to detect and prevent weapons from entering the prison to limit the scope of acts of violence. In addition, new prisoner programmes have been introduced such as the Incentivised Regimes policy which provides for a differentiation of privileges between prisoners according to their level of engagement with services and quality of behaviour. The objective is to provide tangible incentives to prisoners to participate in structured activities and to reinforce good behaviour, leading to a safer and more secure environment.
152. Deputy Sandra McLellan asked the Minister for Children and Youth Affairs if he will provide a dedicated email address for Teachtaí Dála to report abuse issues to Tusla, the Child and Family Agency, for Cork north Lee and south Lee; and if he will make a statement on the matter. [43231/15]
View answerThe issues raised by the Deputy are a matter for Tusla, the Child and Family Agency, and I have asked Tusla to reply directly to the Deputy.
